A United States Magistrate (U.S. District Court [Alabama]) (“Magistrate”) addressed in an August 2nd Report and Recommendation whether a water law dispute satisfied the jurisdictional minimum of $75,000.00 to remain in...more
Earthjustice sent a June 11th 60-day Endangered Species Act (“ESA”) citizen suit Notice of Intent to Sue (“NOI”) to the Tonto National Forest (“Forest”). The NOI alleges that Forest violated Section 7 of the ESA in its...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality and Caddo Properties, LLC (“Caddo”) entered into a March 1st Consent Administrative Order (“CAO”) addressing alleged violations of the...more
Since 2000, the Virginia legislature has granted individual landowners and partnerships up to $17,500 in tax credits for leaving waterway-adjacent stands of trees intact when harvesting timberland. To claim this credit,...more
The New York Supreme Court (Appellate Division) (“Appellate Court”) addressed in an August 11th Memorandum and Order (“Memorandum”) an issue involving a judicial action alleging diminished flow of water between two...more
The United States Court of Appeals for the Seventh Circuit (Seventh Circuit) addressed in a February 13th Opinion an issue arising out of the removal of a dam that significantly reduced the river water level, adversely...more
House Bill 1163 (“HB1163”) has been filed by Representative Bentley and Senator G. Stubblefield which would amend Ark. Code § 22-5-405 regarding acquisition of deeds by riparian owners for lands in lakes or rivers. Ark....more
The United States District Court for the Middle District of Pennsylvania (“Court”) addressed in a July 6 Memorandum issues arising out of stormwater moving from a property to an adjacent parcel at a lower elevation. See...more
The Michigan Court of Appeals (“Court”) addressed in a February 1st opinion the scope of a prescriptive easement in a riparian context. See Astemborski v. Manetta, 2022 WL 301296 (Mich. Ct. App. Feb. 1, 2022). The...more
On August 20, 2021, the Deputy Director of the Division of Water Rights (Deputy Director) of the State Water Resources Control Board (State Water Board) issued water curtailment orders for the remainder of August and for all...more
The Appellate Court of Illinois, Third District (“Court”) addressed in a June 28th Opinion certain riparian rights associated with a non-navigable waterbody. See Holm v. Kodat, 2021 IL App. (3d) 200164. The case involved...more
The Court of Appeals of Wisconsin (“Court) addressed in a June 23rd Opinion the scope of a lake easement. See Trahan v. Hinton, 2021 WL 2577142. The question considered was whether a pier could be placed within the...more
With every change in the federal executive administration, speculation rages over what changes to expect in regulation, policy, and guidance. The current transition is no different. And agricultural policy and conservation...more
The Florida Second District Court of Appeal (“Court”), in an Opinion published on February 26, 2021, addressed an issue involving the right of a riparian to build a structure over adjacent submerged lands under different...more
There are 7,719 miles of tidal shoreline in Maryland along the Chesapeake Bay and its tributaries, according to the Maryland Geological Survey. The vast majority of that shoreline is privately owned, thereby limiting the...more
Real Property Update - Foreclosure / Standing: Holder failed to prove standing to enforce note either at inception or at time of judgment because it failed to prove it had possession of original note and accompanying...more
Real Property Update - HOA / Contracts: Trial court erred by entering a post-judgment enforcement order requiring the association to assign its riparian rights to plaintiff pursuant to an enforceable settlement agreement,...more
The Court of Appeals of Wisconsin (“Court”) addressed in a November 26th opinion a dispute regarding the ownership of a pier and a wet boathouse. See DeSombre v. Bolderbuck, WL 6314826. The wet boathouse is described as...more
In Akeson v Inc. Vil. of Asharoken, 2019 NY Slip Op 32756(U), Index No. 57/2018 (Sup Ct, Suffolk County 2019), the Supreme Court dismissed a petition challenging the Incorporated Village of Asharoken’s (“Asharoken”) decisions...more
Suing a state and its public officials is difficult because of the doctrine of sovereign immunity. There are exceptions. State of Texas v. Signal Drilling, et al. presents several of them....more
The Supreme Court of Missouri addressed in an April 30th opinion a riparian rights issue associated with an artificial body of water. See Incline Village Board of Trustees v. Elder, 2019 WL 1912218. The question considered...more
What Real Estate Do You Own? Normally, property owners know what land they own. They have a deed with a legal description and a survey which clearly shows their property line....more
The Court of Appeals of North Carolina (“Court”) addressed in an October 16th opinion whether Lewis Edward Dye, Jr (“Defendant”), through his chain of title in a small tract of land on Everett’s Lake (the “Lake”) also has the...more
he Superior Court of New Jersey (“Court”) addressed in a March 27th opinion the impact of state ownership on a conflict over access to a waterbody. See Rapisardi v. Estate of Lange, No. A-37322-16T2, 2018 WL 1473918 (N.J....more
The South Carolina Supreme Court (“Court”) addressed in a May 30th opinion a judicial challenge to the South Carolina Surface Water Withdrawal, Permitting, Use, and Reporting Act (“Act”). See Jowers v. South Carolina Dept. of...more